If you have been injured on the job, workers’ compensation can provide you with the coverage you need to get back on your feet and get your life back on track. Obtaining the compensation to which you are entitled, however, can be challenging, which makes consulting with a Westchester workers’ compensation lawyer early in the process to your advantage.
What Is Workers’ Compensation?
Workers’ compensation is no-fault insurance coverage that nearly every employer in New York is required to carry on their employees. Workers’ compensation is intended to strike a balance between the rights of employers and their employees, including the following basics:
- Employees are covered for work-related injuries and illnesses brought on by work, but they give up the right to sue their employers for being at fault.
- Employers avoid negligence-based lawsuits but are required to cover their employees for injuries caused by work accidents and for work-related illnesses.
Workers’ comp covers employees’ losses in terms of a specific percentage of their average earnings over the previous year and their injury-related or illness-related medical expenses that are deemed necessary and that are provided by healthcare professionals who are authorized by the Workers’ Compensation Board.
Who Is Eligible for Workers’ Compensation?
Because all businesses in New York are required to carry workers’ compensation on all their employees, anyone who has an employer is covered. This blanket rule includes employees who work only part-time and employees who are family members. To obtain business permits, businesses are required to have proof of coverage, and exemptions from this requirement are exceptionally rare. In other words, if you are injured on the job – and you are not self-employed – you are almost certainly eligible for workers’ compensation coverage.
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Common Claims
While anyone can be injured on the job, some of the workers who are most likely to bring workers’ compensation claims include:
- Construction workers, industrial workers, maintenance workers, and other blue-collar workers
- NY Corrections Officers
- EMTs
- Those who work in hospital direct care
- School aids and paraprofessionals
- Office workers
- Bus drivers
- Undocumented workers
Regardless of the kind of work you do – if you’re injured at work – don’t delay consulting with a practiced workers’ compensation attorney near you.
How to Apply for Workers’ Compensation
If an accident on the job leaves you injured, you are covered by workers’ compensation, but it is important to understand that the path forward is likely to be challenging and that the process is both complicated and exacting. The basic steps include:
- Obtaining the medical attention that you need
- Notifying your employer, supervisor, or boss about the injury-causing accident in writing
- Filing your claim with the New York Workers’ Compensation Board
- Obtaining your doctor’s initial report, which should be provided to you within 48 hours of treatment
From here, your employer will report your injury to the company’s workers’ compensation insurance provider, and you will receive a written statement of rights from the insurance company. Any hitch in the process along the way can lead to delays or denials, and working closely with a Westchester workers’ compensation lawyer from the start is well advised.
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How a Westchester Workers’ Compensation Lawyer Can Assist You
Having a dedicated workers’ compensation lawyer in your corner can mean the difference between obtaining the compensation to which you are entitled and not doing so. Our seasoned Westchester workers’ compensation attorneys are well prepared to skillfully advocate for your legal rights – in pursuit of your rightful compensation. Your claim is important, so please do not wait to reach out and contact or call us to schedule your free consultation today.
